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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Trammo DMCC (Formerly known as Transammonia DMCC) – Appellant
Versus
Nagarjuna Fertilizers and Chemicals Ltd. – Respondent
JUDGMENT :
Somasekhar Sundaresan, J.
Context and Factual Background:
1. Commercial Arbitration Petition No. 441 of 2017 is a petition filed under Part II of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking recognition and enforcement of five foreign arbitral awards (“Foreign Awards”) in which the Petitioner, Trammo DMCC (“Trammo”), is the judgement creditor while the judgement debtor is the Respondent, Nagarjuna Fertilizers and Chemicals Ltd. (“Nagarjuna”), a company whose shares are listed on Indian Stock Exchange.
2. The Foreign Awards are :- i) First Interim Final Award dated December 4, 2015 (“First Award”), as amended on July 4, 2016; ii) First Cost Award dated February 5, 2016 (“First Cost Award”), as amended on July 4, 2016. iii) Costs of Costs Award dated March 10, 2016 (“Second Cost Award”), as amended on July 4, 2016; iv) Second Interim Final Award dated September 20, 2016 (“Second Award”); and v) Third Interim Final Award dated December 14, 2016 (“Third Award”).
3. The Learned Arbitral Tribunal that passed the Foreign Awards was an ad-hoc Arbitral Tribunal seated in London. The Learned Arbitral Tribunal was constituted by the parties with Trammo’s nominee, Sir
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